Heath, Texas DWI attorney. The Law Offices of Greg Gray. 1012 Ridge Road, Rockwall, Texas 75087. (972) 771-5525.
If you or a loved one has been arrested in Heath, Texas for DWI Driving While Intoxicated, it is imperative that you hire an attorney who is experienced in representing people charged with DWI Driving While Intoxicated. Mr. Gray was an Assistant District Attorney in Dallas County from 1994 to 1998 and handled hundreds of DWI cases as a prosecutor. Since 1998 he has represented people charged with Driving While Intoxicated, and has obtained favorable results by being prepared and tenacious.
A DWI conviction can have long-lasting consequences. Those consequences include but are not limited to raising your automobile insurance premiums or possibly having your automobile insurance dropped, having your driver’s licenses suspended or revoked, and difficulty obtaining a job. Of course each person’s situation is different, so the consequences are not always the same.
The offense of Driving While Intoxicated is found in the Texas Penal Code, Section 49.04: “A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.” The first conviction for DWI is a Class B Misdemeanor with the range of punishment from 72 hours in jail up to 180 days in jail, and a fine not to exceed $2,000.00. For the most part, those people who do not have a prior criminal history will receive probation.
In addition to the basic DWI charge, there are several others. For example, Driving While Intoxicated with Child Passenger which is Texas Penal Code Section 49.045 is a State Jail Felony which results in a felony conviction. Texas Penal Code Section 49.05 Flying While Intoxicated is a Class B Misdemeanor unless it can he enhanced with prior DWI Driving While Intoxicated convictions. Texas Penal Code Section 49.06 Boating While Intoxicated is also a Class B Misdemeanor unless the person charged has had prior DWI convictions. Texas Penal Code Section 49.065 Assembling or Operating an Amusement Ride While Intoxicated is also a Class B Misdemeanor. Texas Penal Code Section 49.07 Intoxication Assault occurs when an intoxicated driver, by reason of his or her intoxication, causes serious bodily injury to another. It is a third degree felony. Texas Penal Code Section 49.08 Intoxication Manslaughter occurs when an intoxicated driver, by reason of his or her intoxication causes the death of another by accident or mistake. Intoxication Manslaughter is a second degree felony.
Likewise, the punishment range for the above listed Driving While Intoxicated DWI offenses can be enhanced (increased) if the person charged has been convicted before of DWI. If someone has been convicted once before of a Driving While Intoxicated offense and they are arrested again for Driving While Intoxicated, then their charge is enhanced to a Class A Misdemeanor. The range of punishment for a Class A Misdemeanor DWI is not less than 30 days, nor more than one year in the county jail and an optional fine not to exceed $4000.00. Probation is available. If the person charged with DWI Driving While Intoxicated has been convicted of DWI on two prior occasions, the State can enhance the charge to a third degree felony. The range of punishment for a third degree felony is not less than two years and not more than ten years in the Texas Department of Criminal Justice Institutional Division, and a fine not to exceed $10,000.00. And, depending on the circumstances, probation may be available, but the person will be required to serve some time in the county jail as a condition of probation.
Another factor that can increase the punishment range is the Blood Alcohol Concentration, or BAC. If the person has a Blood Alcohol Concentration of .15 or higher and it is their first DWI, the State can enhance the charge to a Class A Misdemeanor.
What is the Definition of Intoxication?
Texas Penal Code Section 49.01 defines “Intoxication” not having the normal use of mental or physical faculties due to the introduction of alcohol, a controlled substance, a drug, a dangerous drug, or a combination of two or more of those substances, or any substance into the body; or having an alcohol concentration of .08 or more. This definition is rather broad, so it is important to hire a lawyer who understands the law in this area and who can effectively represent you. For example, you may have been taking prescription medication and a Heath law enforcement officer arrested you for Driving While Intoxicated. Was the amount of prescription medication in your blood, at the time you were driving, enough to make you intoxicated? That is what the State is required to prove. In previous DWI Driving While Intoxicated cases The Law Offices of Greg Gray has used toxicologists to prove that the amount of prescription medication in our client’s blood stream at the time of driving was not scientifically enough to make them intoxicated.
Legal Challenges to the State’s Case
An experienced DWI Driving While Intoxicated defense attorney will know what areas of the law typically cause problems for the State in DWI cases. Some of those areas include: 1) did the police officer have probable cause to stop the client; 2) did the police officer conduct the Standardized Field Sobriety Tests properly; 3) was the police officer certified in conducting Standardized Field Sobriety Tests; 4) did the officer operate the breath test machine properly; and 5) was the chain of custody properly documented for the blood test. These are just a few of the numerous issues an experienced DWI attorney will examine. There are numerous issues with blood tests and breath tests. And if you refused either or both tests, that may end up being in your favor.
Its Important to Contact an Attorney ASAP
This is just the “tip of the iceberg” when it comes to Heath DWI Driving While Intoxicated cases. It is important that you contact an attorney immediately because there are deadlines which must be met. For example, if the Heath law enforcement officer seized your driver’s license, you have 15 days from the date of your arrest to request a hearing regarding the suspension of your driver’s license. So do not hesitate, contact a lawyer today!
DWI Driving While Intoxicated Case Results for The Law Offices of Greg Gray
The Law Offices of Greg Gray has obtained favorable results on several DWI cases. These results do not guarantee future results as each case is different. A sample of these results include: obtaining a No-Bill (the Grand Jury refused to indict the client) on an Intoxicated Manslaughter case where the client was accused of being intoxicated due to the use of prescription medication; a client’s second DWI case was dismissed because it was proven to the court that the police officer did not have probable cause to stop the client; and another client’s DWI was reduced to an Obstruction of a Roadway charge, which is not an alcohol related charge and the client will not have a conviction on his record. As stated above, this is just a sampling of some of the favorable results we have obtained.
